City Council

CITY OF LONG BEACH TUESDAY, SEPTEMBER 13, 2022 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM Mary Zendejas, 1st District Stacy Mungo, 5th District Cindy Allen, 2nd District Dr. Suely Saro, 6th District Suzie A. Price, 3rd District Roberto Uranga, 7th District Daryl Supernaw, 4th District Al Austin, 8th District Rex Richardson, Vice Mayor, 9th District Thomas B. Modica, City Manager Monique De La Garza, City Clerk Dr. Robert Garcia, Mayor Charles Parkin, City Attorney FINISHED AGENDA & MINUTES The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda Items can be taken out of order during the meeting. Please consult the time stamps to determine the order in which business was addressed. ROLL CALL (5:14 PM) Councilmembers Zendejas, Allen, Price, Supernaw, Mungo, Saro, Uranga, Austin Present: and Richardson Also present: Thomas Modica, City Manager; Linda Tatum, Assistant City Manager; Dawn McIntosh, Assistant City Attorney; Monique De La Garza, City Clerk; Kyle Smith, City Clerk Specialist. Mayor Garcia presiding. Invocation: Moment of Silence. Pledge of Allegiance: Mary Zendejas, Councilwoman, First District. CONSENT CALENDAR (5:37 PM) Dave Shukla spoke regarding Agenda Item Nos. 1, 9 & 11. Passed the Consent Calendar. Page 1 of 16 CITY OF LONG BEACH TUESDAY, SEPTEMBER 13, 2022 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM A motion was made by Councilman Austin, seconded by Councilmember Uranga, to approve Consent Calendar Items 1 - 16. The motion carried by the following vote: Yes: 9 - Zendejas, Allen, Price, Supernaw, Mungo, Saro, Uranga, Austin and Richardson 1. 22-1104 Recommendation to suspend Council rule contained in Municipal Code Section 2.03.020 (B) relating to the meeting schedule of the City Council in order to cancel the City Council meeting of September 20, 2022. A motion was made to approve recommendation on the Consent Calendar. 2. 22-1083 Recommendation to authorize City Manager to execute a Fourth Amendment to Agreement No. 33850 with Burke, Williams & Sorensen, LLP to continue representation of the City in the matter of Hector Ochoa, et al., vs. City of Long Beach, USDC Case No. CV14-04307 DSF (FFMx). A motion was made to approve recommendation on the Consent Calendar. 3. 22-1084 Recommendation to refer to City Attorney damage claims received between August 29, 2022 and September 2, 2022. A motion was made to approve recommendation on the Consent Calendar. 4. 22-1085 Recommendation to receive and approve changes for the Biennial Conflict of Interest Code for departments and commissions filed, in compliance with State law. A motion was made to approve recommendation on the Consent Calendar. Page 2 of 16 CITY OF LONG BEACH TUESDAY, SEPTEMBER 13, 2022 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM 5. 22-1086 Recommendation to approve the destruction of records for the Health and Human Services Department; and adopt resolution. A motion was made to approve recommendation and adopt Resolution No. RES-22-0163 on the Consent Calendar. Enactment No: RES-22-0163 6. 22-1087 Recommendation to authorize City Manager, or designee, to execute an agreement, and any necessary documents and subsequent amendments, with the City of Los Angeles to accept and expend Workforce Innovation and Opportunity Act (WIOA) grant funding in an amount not to exceed $150,000 to operate the Harbor Gateway YouthSource Center in San Pedro, CA, for the period of July 1, 2022, through September 30, 2022; and Increase appropriations in the Community Development Grants Fund in the Economic Development Department by $150,000, offset by grant revenue. (Citywide) A motion was made to approve recommendation on the Consent Calendar. 7. 22-1088 Recommendation to authorize City Manager, or designee, to execute an agreement, and any necessary documents and subsequent amendments, with the City of Pasadena, a municipal corporation, operating in its capacity as the contract and program administrator of the Foothill Employment and Training Consortium, to accept and expend grant funding in an amount not to exceed $37,000 and participate in the Regional Plan Implementation 4.0 project for the period of April 1, 2021, through December 31, 2022. (Citywide) A motion was made to approve recommendation on the Consent Calendar. 8. 22-1089 Recommendation to adopt resolution to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 36105 with McNeilus Financial, Inc., dba McNeilus Truck & Manufacturing, of Dodge Center, MN, for providing McNeilus brand Page 3 of 16 CITY OF LONG BEACH TUESDAY, SEPTEMBER 13, 2022 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM truck parts, to increase the contract amount by $115,000, for a revised annual contract amount of $215,000, with a 15 percent contingency of $32,250, for a revised total annual amount not to exceed $247,250; and Increase appropriation in the Fleet Services Fund Group in the Financial Management Department by $115,000, offset by funds available generated by revenue collected from user departments through the Fleet Memorandum of Understanding (MOU) monthly billing. (Citywide) A motion was made to approve recommendation and adopt Resolution No. RES-22-0164 on the Consent Calendar. Enactment No: RES-22-0164 9. 22-1090 Recommendation to adopt resolution acknowledging receipt of the annual report regarding the inspection of certain occupancies, including schools, hotels, motels, lodging houses, apartments, and residential care facilities, pursuant to Section 13146.4 of the California Health and Safety Code. (Citywide) A motion was made to approve recommendation and adopt Resolution No. RES-22-0165 on the Consent Calendar. Enactment No: RES-22-0165 10. 22-1091 Recommendation to authorize City Manager, or designee, to execute an agreement, and all necessary documents and any subsequent amendments, including amendments to the amount of the award, with LA Care Health Plan and Health Net to accept and expend grant funding in the amount of $810,808 for capacity building support to develop Enhanced Care Management and Community Supports under California Advancing and Innovating Medi-Cal’s (CalAIM) Incentive Payment Program for a one-year period estimated to begin in October 2022, with the option to extend the agreement for an additional one-year period, at the discretion of the City Manager; and Increase appropriation in the Health Fund Group in the Health and Human Services Department by $810,808, offset by grant revenue. (Citywide) Page 4 of 16 CITY OF LONG BEACH TUESDAY, SEPTEMBER 13, 2022 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM A motion was made to approve recommendation on the Consent Calendar. 11. 22-1092 Recommendation to authorize City Manager, or designee, to execute an agreement, and any necessary amendments, with California State Library to accept and expend grant funding in the amount of $56,800 for the Library’s SEED: Growing a STEAM Ecosystem Grant Project, for the period ending June 30, 2023; and Increase appropriations in the General Grants Fund Group in the Library Services Department by $56,800, offset by grant revenue. (Citywide) A motion was made to approve recommendation on the Consent Calendar. 12. 22-1093 Recommendation to authorize City Manager, or designee, to execute any and all documents necessary for a License Agreement with GCC Long Beach, a Delaware limited liability company, for the short-term use of the private access road known as Koz Way, located at the eastern boundary of 2401 East Wardlow Road, for the Plane Pull and Festival of Flight events at the Long Beach Airport; and Authorize City Manager, or designee, to execute any and all documents necessary for Release and Indemnification Agreements with any tenants of the Long Beach Airport, granting the City of Long Beach use of their ground service equipment, or other personal property, in connection with the Festival of Flight. (Districts 4,5) A motion was made to approve recommendation on the Consent Calendar. 13. 22-1094 Recommendation to authorize City Manager, or designee, to execute any and all documents necessary to enter into an agreement with Airports Council International - North America to host the 2023 ACI-NA Annual Conference and Exhibition; and Increase appropriations in the Airport Fund Group in the Airport Department by $590,000 offset by funds available. (Districts 4,5) Page 5 of 16 CITY OF LONG BEACH TUESDAY, SEPTEMBER 13, 2022 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM A motion was made to approve recommendation on the Consent Calendar. 14. 22-1095 Recommendation to receive and file the application of Elevated Restaurant Group, LLC, dba Dave’s Hot Chicken, for an original application of an Alcoholic Beverage Control (ABC) License, at 5246 East 2nd Street. (District 3) A motion was made to approve recommendation on the Consent Calendar. 15. 22-1096 Recommendation to receive and file the application of Viking 4111, LLC, dba Cali Chilli, for a person to person and premise to premise transfer of an Alcoholic Beverage Control (ABC) License, at 4111 North Viking Way. (District 5) A motion was made to approve recommendation on the Consent Calendar. 16. 22-1097 Recommendation to authorize City Manager, or designee, to allocate Public, Education, and Government (PEG) fee revenue equally among these three categories of cable access providers, each receiving one-third of the total available revenue; and Increase appropriations in the General Services Fund Group in the Technology and Innovation Department by $819,255, offset by PEG fee revenue. (Citywide) A motion was made to approve recommendation on the Consent Calendar. CEREMONIALS AND PRESENTATIONS (5:16 PM) HISPANIC HERITAGE MONTH Page 6 of 16 CITY OF LONG BEACH TUESDAY, SEPTEMBER 13, 2022 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM Councilmember Uranga spoke. Councilwoman Zendejas spoke. Mayor Garcia spoke. EMPLOYEE OF THE MONTH Thomas Modica, City Manager, spoke. CONTINUED BUDGET HEARING 17. 22-1055 WITHDRAWN Recommendation to receive supporting documentation into the record, conclude the public hearing, and take the actions necessary to adopt the Fiscal Year 2023 budget as listed in Attachment A. (Citywide) This Public Hearing was withdrawn. PUBLIC COMMENT (5:42 PM) Robert Collins spoke regarding communication with Councilmembers. Elliot Lewis spoke regarding Long Beach Police Department. Karen Reside spoke regarding small business grants. REGULAR AGENDA (6:05 PM) 18. 22-1098 Recommendation to direct City Manager to take any FY 22 year-end operating budget savings from the current allocation for the Dr. Martin Luther King Jr. Parade in the Special Advertising and Promotions Fund Group in the City Manager’s Department to be reserved at the end of FY 22 and carried over into FY 23 to be utilized for the 2023 Dr. Martin Luther King Jr. Parade. Page 7 of 16 CITY OF LONG BEACH TUESDAY, SEPTEMBER 13, 2022 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM Councilwoman Saro spoke. Senay Kenfe spoke. Councilwoman Saro spoke. Thomas Modica, City Manager, spoke. A motion was made by Councilwoman Saro, seconded by Vice Mayor Richardson, to approve recommendation. The motion carried by the following vote: Yes: 8 - Zendejas, Allen, Supernaw, Mungo, Saro, Uranga, Austin and Richardson Absent: 1 - Price 19. 22-1099 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 34597 with Falcon Fuels, of Paramount, CA, and Contract No. 34598 with Merrimac Energy Group, of Long Beach, CA, for purchase and delivery of petroleum fuels, to increase the aggregate contract amount by $1,428,000, for a revised contract amount not to exceed $15,028,000, and extend the term to January 31, 2023. (Citywide) Dave Shukla spoke. A motion was made by Councilmember Uranga, seconded by Councilman Austin, to approve recommendation. The motion carried by the following vote: Yes: 7 - Zendejas, Allen, Supernaw, Saro, Uranga, Austin and Richardson Absent: 2 - Price and Mungo 20. 22-1100 Recommendation to authorize City Manager, or designee, to submit a grant application to the U.S. Department of Housing and Urban Development (HUD), for the Continuum of Care Supplemental to Address Unsheltered and Rural Homelessness program; Page 8 of 16 CITY OF LONG BEACH TUESDAY, SEPTEMBER 13, 2022 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM Authorize City Manager, or designee, to execute an agreement, and all necessary documents, subgrants, and any amendments including amendments to the amount of the award or to extend the grant term, with HUD to accept and expend grant funding in an amount up to $5,193,648 for a period of three (3) years estimated to begin in the Winter of 2022; and Increase appropriations in the Health Fund Group in the Health and Human Services Department by $5,193,648, offset by grant revenues. (Citywide) Paul Duncan, Manger of Homeless Services Bureau, spoke. A motion was made by Councilmember Uranga, seconded by Vice Mayor Richardson, to approve recommendation. The motion carried by the following vote: Yes: 7 - Zendejas, Allen, Supernaw, Saro, Uranga, Austin and Richardson Absent: 2 - Price and Mungo 21. 22-1101 Recommendation to authorize City Manager, or designee, to execute all documents, including any necessary amendments, with the Federal Aviation Administration, to accept the Bipartisan Infrastructure Law Airport Terminal Program Grant award for federal Fiscal Year 2022 funding, for the Roadway Improvements Project at the Long Beach Airport, in an amount not to exceed $12,800,000. (Districts 4,5) Councilwoman Mungo spoke. A motion was made by Councilwoman Mungo, seconded by Councilman Supernaw, to approve recommendation. The motion carried by the following vote: Yes: 8 - Zendejas, Allen, Supernaw, Mungo, Saro, Uranga, Austin and Richardson Absent: 1 - Price ORDINANCES (5:51 PM) Page 9 of 16 CITY OF LONG BEACH TUESDAY, SEPTEMBER 13, 2022 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM 22. 22-1061 Recommendation to declare ordinance adopting an amendment to Ordinance No. C-6496, adopted July 5, 1988, and amended on January 24, 1989, July 11, 1989, December 5, 1989, March 20, 1990, July 3, 1990, September 18, 1990, July 2, 1991, July 7, 1992, January 26, 1993, August 24, 1993, June 28, 1994, July 18, 1995, November 28, 1995, October 1, 1996, March 25, 1997, October 7, 1997, October 27, 1998, April 20, 1999, October 19, 1999, October 17, 2000, October 30, 2001, March 19, 2002, November 26, 2002, January 6, 2004, February 8, 2005, November 1, 2005, December 5, 2006, March 20, 2007, May 22, 2007, December 18, 2007, July 15, 2008, September 21, 2010, September 13, 2011, September 11, 2012, October 3, 2013, and September 9, 2014, September 22, 2015, September 20, 2016, September 12, 2017, and September 11, 2018, September 3, 2019, and September 8, 2020, and September 7, 2021 relating to the Departmental Organization of the City of Long Beach, read and adopted as read. (Citywide) Dave Shukla spoke. A motion was made by Councilman Austin, seconded by Councilwoman Price, to approve recommendation and adopt Ordinance No. ORD-22-0027. The motion carried by the following vote: Yes: 7 - Zendejas, Price, Supernaw, Saro, Uranga, Austin and Richardson Absent: 2 - Allen and Mungo Enactment No: ORD-22-0027 23. 22-1070 Recommendation to declare ordinance approving and adopting the official budget of the City of Long Beach for the Fiscal Year 2022-2023, creating and establishing the funds of the municipal government of the City of Long Beach and appropriating money to and authorizing expenditures from said funds for said Fiscal Year; declaring the urgency thereof, and providing that this ordinance shall take effect at 12:01 A.M. on October 1, 2022, read and adopted as read. (Citywide) (Emergency Ordinance No. ORD-22-0026) Dave Shukla spoke. Page 10 of 16 CITY OF LONG BEACH TUESDAY, SEPTEMBER 13, 2022 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM A motion was made by Councilman Austin, seconded by Councilwoman Price, to approve recommendation and adopt Ordinance No. ORD-22-0026. The motion carried by the following vote: Yes: 7 - Zendejas, Price, Supernaw, Saro, Uranga, Austin and Richardson Absent: 2 - Allen and Mungo Enactment No: ORD-22-0026 NEW BUSINESS (5:41 PM) 24. 22-1110 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $2,000, offset by the Eighth Council District One-time District Priority Funds, transferred from the Citywide Activities Department, to provide a donation to Food Finders in support of the Food for the Soul: Farm to Tableaux Event; and Decrease appropriation in the General Fund Group in the Citywide Activities Department by $2,000, to offset a transfer to the City Manager Department. A motion was made by Councilman Austin, seconded by Councilmember Uranga, to approve recommendation. The motion carried by the following vote: Yes: 9 - Zendejas, Allen, Price, Supernaw, Mungo, Saro, Uranga, Austin and Richardson 25. 22-1111 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $340, offset by the First Council District One-Time District Priority Funds, transferred from the Citywide Activities Department, to provide a donation to Jamie Nichols for the Craftsman Village Historic District National Night Out 2022; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $340 to offset a transfer to the City Manager Department. Page 11 of 16 CITY OF LONG BEACH TUESDAY, SEPTEMBER 13, 2022 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM A motion was made by Councilman Austin, seconded by Councilmember Uranga, to approve recommendation. The motion carried by the following vote: Yes: 9 - Zendejas, Allen, Price, Supernaw, Mungo, Saro, Uranga, Austin and Richardson 26. 22-1112 Recommendation to authorize City Manager or designee, to execute any and all documents necessary, including an Agreement for Acquisition of Real Property and Escrow Instructions (Agreement), with H.B., LLC, a California limited liability corporation (Seller), for the purchase of certain real property located at 5950 Long Beach Boulevard, Assessor Parcel Number 7307-017-002, in an amount not to exceed $16,500,000; and Accept the Categorical Exemption CE-22-143. (District 9) Mary Torres, Manager of Property Services Bureau, spoke; and presented a PowerPoint presentation. Paul Duncan, Manager of Homeless Services Bureau, spoke; and continued the PowerPoint presentation. Thomas Modica, City Manager, spoke. Councilman Austin spoke. Carlos Valdez spoke. Julie Jones spoke. Senay Kenfe spoke. Councilman Austin spoke. Thomas Modica, City Manager, spoke. Vice Mayor Richardson spoke. Linda Tatum, Assistant City Manager, spoke. Page 12 of 16 CITY OF LONG BEACH TUESDAY, SEPTEMBER 13, 2022 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM Councilwoman Saro spoke. Councilwoman Zendejas spoke. Paul Duncan, Manager of Homeless Services Bureau, spoke. Mayor Garcia spoke. Thomas Modica, City Manager, spoke. Paul Duncan, Manager of Homeless Services Bureau, spoke. Mayor Garcia spoke. Councilman Austin spoke. A motion was made by Councilman Austin, seconded by Vice Mayor Richardson, to approve recommendation. The motion carried by the following vote: Yes: 7 - Zendejas, Allen, Supernaw, Saro, Uranga, Austin and Richardson Absent: 2 - Price and Mungo 27. 22-1113 Recommendation to adopt Specifications No. RFP PW22-067 and award a contract to Circuit Transit, Inc., of West Palm Beach, FL, for the operation of a micro-transit shuttle program, in the amount of $1,140,000, with a contingency in the amount of $200,000, for a total contract amount not to exceed $1,340,000, for a period of two years; and, authorize City Manager, or designee, to execute all documents necessary to enter into the contract, including any necessary subsequent amendments; Increase appropriations in the Capital Projects Fund Group in the Public Works Department by $450,324, offset by Prop A revenue; and Increase appropriations in the Capital Projects Fund Group in the Public Works Department by $1,601,724, offset by transfer of $1,151,400 from the General Fund and $450,324 a transfer of Prop A revenue. (Districts 1,2,3) Page 13 of 16 CITY OF LONG BEACH TUESDAY, SEPTEMBER 13, 2022 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM Erik Lopez, Director of Public Works, spoke; and provided a PowerPoint presentation. Councilwoman Price spoke. Councilwoman Zendejas spoke. Erik Lopez, Director of Public Works, spoke. Councilwoman Allen spoke. A motion was made by Councilwoman Price, seconded by Councilwoman Zendejas, to approve recommendation. The motion carried by the following vote: Yes: 9 - Zendejas, Allen, Price, Supernaw, Mungo, Saro, Uranga, Austin and Richardson 28. 22-1115 eComments received for the City Council meeting of Tuesday, September 13, 2022. This Agenda Item was received and filed. 29. 22-1114 Supplemental Memorandum - Corrections and/or additions to the City Council Agenda as of 12:00 noon, Friday, September 9, 2022. This Agenda Item was received and filed. PUBLIC COMMENT (6:58 PM) Armando Vasquez-Ramos spoke regarding a proposed distillery bar at 601 Golden Avenue. Senay Kenfe spoke regarding a public records request regarding the MLK JR. Parade. Dave Shukla spoke regarding reproductive rights. ANNOUNCEMENTS (7:00 PM) Page 14 of 16 CITY OF LONG BEACH TUESDAY, SEPTEMBER 13, 2022 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM Councilwoman Saro made community announcements. Vice Mayor Richardson made community announcements. Councilman Austin made community announcements. Councilwoman Allen made community announcements. Councilman Supernaw made community announcements. Mayor Garcia made community announcements. ADJOURNMENT (7:08 PM) At 7:08 PM, Mayor Garcia adjourned the meeting. ks Page 15 of 16 CITY OF LONG BEACH TUESDAY, SEPTEMBER 13, 2022 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM NOTE: If written language translation of the City Council agenda and minutes for non-English speaking persons is desired, please make your request by phone to the Office of the City Clerk at (562) 570-6101, 72 business hours prior to the City Council meeting. Kung humihiling ng nakasulat na pagsasalin ng wika ng agenda at minutes ng Konseho ng Lungsod para sa mga taong hindi nagsasalita ng Ingles, mangyaring humiling sa pamamagitan ng telepono sa Opisina ng Clerk ng Lungsod sa (562) 570-6101, 72 oras bago isagawa ang pulong ng Konseho ng Lungsod. Si desea obtener la traducción escrita en otro idioma de la agenda y las actas del ayuntamiento de la ciudad para las personas que no hablan inglés, haga su solicitud por teléfono a la oficina del secretario municipal al (562) 570-6101, 72 horas hábiles antes de la reunión del ayuntamiento de la ciudad. Page 16 of 16